The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

Restriction on carrying out operations specified in declaration

16.—(1) The owner or occupier of any land within a European site shall not carry out, or cause or permit to be carried out on that land, any operation or activity specified in a declaration in force in relation to the site under regulation 15 unless—

(a) in the case of any operation or activity which, in the opinion of the Department, would not cause any damage to the scientific interest of the area,—

(i) a person has given notice to the Department of a proposal to carry out the operation or activity; and

(ii) the operation or activity is carried out with the Department’s written consent; and

(iii) the Department has not served on him notice of its intention to acquire the land compulsorily; or

(b) in the case of any other operation or activity,—

(i) the owner or occupier has given written notice to the Department of a proposal to carry out the operation or activity, specifying its nature and the land on which it is proposed to carry it out; and

(ii) one of the conditions in paragraph (2) is fulfilled; and

(iii) the Department has not served on him notice of its intention to acquire the land compulsorily.

(2) The conditions referred to in paragraph 1(b)(ii) are—

(a) that the operation or activity is carried out with the Department’s written consent; and

(b) that the operation or activity is carried out in accordance with the terms of a management agreement.

(3) A person who, without reasonable excuse, contravenes paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) For the purposes of paragraph (3) it shall be a reasonable excuse in any event for a person to carry out an operation if—

(a) the operation was authorised by a planning permission granted under Part IV of the 1991 Order; or

(b) the operation was an emergency operation particulars of which (including details of the emergency) were notified to the Department as soon as practicable after the commencement of the operation.

(5) The Department shall have power to enforce the provisions of this regulation.

(6) Proceedings for an offence under this regulation shall not, without the consent of the Director of Public Prosecutions for Northern Ireland, be taken by a person other than the Department.